(a) Derives independent economic value, actual or
potential, from not being generally known to, and not being readily
ascertainable by proper means by the public or any other persons who can obtain
commercial or economic value from its disclosure or use; and

(b) Is the subject of efforts that are reasonable
under the circumstances to maintain its secrecy.

NRS 600A.032Presumption of reasonable effort by owner to maintain secrecy;
rebuttal of presumption.The owner
of a trade secret is presumed to make a reasonable effort to maintain its
secrecy if the word “Confidential” or “Private” or another indication of
secrecy is placed in a reasonably noticeable manner on any medium or container
that describes or includes any portion of the trade secret. This presumption
may be rebutted only by clear and convincing evidence that the owner did not
take reasonable efforts to maintain the secrecy of the trade secret.

NRS 600A.035Theft of trade secrets prohibited; criminal penalties.A person who, with intent to injure an owner
of a trade secret or with reason to believe that his or her actions will injure
an owner of a trade secret, without limitation:

1. Steals, misappropriates, takes or
conceals a trade secret or obtains a trade secret through fraud, artifice or
deception;

3. Receives, buys or possesses a trade
secret with knowledge or reason to know that the trade secret was obtained as
described in subsection 1 or 2;

4. Attempts to commit an offense described
in subsection 1, 2 or 3;

5. Solicits another person to commit an
offense described in subsection 1, 2 or 3; or

6. Conspires to commit an offense
described in subsection 1, 2 or 3, and one of the conspirators performs an act
to further the conspiracy,

Ê is guilty of
a category C felony and shall be punished by imprisonment in the state prison
for a minimum term of not less than 1 year and a maximum term of not more than
10 years and may be further punished by a fine of not more than $10,000.

1. Actual or threatened misappropriation
may be enjoined. Upon application to the court, an injunction must be
terminated when the trade secret has ceased to exist, but the injunction may be
continued for an additional reasonable period of time to eliminate commercial
or other advantage that otherwise would be derived from the misappropriation.

2. In exceptional circumstances, an
injunction may condition future use upon payment of a reasonable royalty for no
longer than the period of time for which use could have been prohibited.
Exceptional circumstances include a material and prejudicial change of position
before acquiring knowledge or reason to know of misappropriation that renders a
prohibitive injunction inequitable.

3. In appropriate circumstances, the court
may order affirmative acts to protect a trade secret. As used in this
subsection, “affirmative acts” includes, without limitation, issuing an
injunction or order requiring that a trade secret which has been misappropriated
and posted, displayed or otherwise disseminated on the Internet be removed from
the Internet immediately.

1. Except to the extent that a material
and prejudicial change of position before acquiring knowledge or reason to know
of misappropriation renders a monetary recovery inequitable, a complainant is
entitled to recover damages for misappropriation. Damages include both loss
caused by misappropriation and unjust enrichment caused by misappropriation
that is not taken into account in computing the loss. In lieu of damages
measured by any other methods, damages caused by misappropriation may be
measured by imposition of liability for a reasonable royalty for a
misappropriator’s unauthorized disclosure or use of a trade secret.

2. If willful, wanton or reckless
misappropriation or disregard of the rights of the owner of the trade secret
exists, the court may award exemplary damages in an amount not exceeding twice
the award made under subsection 1.

NRS 600A.055Misappropriation and posting or dissemination on Internet:
Effect.A trade secret that is
misappropriated and posted, displayed or otherwise disseminated on the Internet
shall be deemed to remain a trade secret as defined in NRS
600A.030 and not to have “ceased to exist” for the purposes of subsection 1
of NRS 600A.040 if:

1. The owner, within a reasonable time after
discovering that the trade secret has been misappropriated and posted,
displayed or otherwise disseminated on the Internet, obtains an injunction or
order issued by a court requiring that the trade secret be removed from the
Internet; and

2. The trade secret is removed from the
Internet within a reasonable time after the injunction or order requiring
removal of the trade secret is issued by the court.

NRS 600A.080Limitation of actions.An
action for misappropriation must be brought within 3 years after the
misappropriation is discovered or by the exercise of reasonable diligence
should have been discovered. For the purposes of this section, a continuing
misappropriation constitutes a single claim.

NRS 600A.100Inapplicability of chapter to acts which occurred before, or
began before and continue after, July 1, 1987.This
chapter does not apply to a misappropriation that occurred before July 1, 1987,
or to a misappropriation that began before and continues after July 1, 1987.